The Idaho Supreme Court Wednesday issued an opinion which saw a pro-marijuana petition guy with no attorney prevail over a batch of lawyers in Sun Valley and a Blaine County judge.
Ironically, Ryan Davidson’s “weed smokin” petition case–which began in 2004–uses much of the same law and reasoning that benefited the Christians in the Ten Commandments case.
The short version is that Davidson collected the number of signatures needed to get on the ballot, presented the petition in the proper form and was rejected by the city clerk who was without authority to rule on anything but the propriety of the petition itself.
Davidson sought to permit the growth, sale, and use of marijuana in the city of Sun Valley and to get the city to advocate changes in the Idaho marijuana laws. The key here is that he has the right to ask for these things, the voters can then say YES or NO and only then can the case be “ripe” for a court case.
Same thing happened in Boise with the Ten Commandment stone. The Christians got the signatures, but Team Dave’s legal crew wouldn’t allow the legislative (initiative) process to play out. Boise lost when the Supremes judged the case and the court noted the similarities in their latest opinion.
Chief Justice Gerald Schroeder concurred in the opinion, but noted the decision “in no way sanctions the legitimacy of the initiative.” He went on to say time, effort, and money would be wasted in what would eventually amount to an opinion poll of a small segment of the voters. We agree, but applaud the Chief for his legal convictions.
With the Court’s recent rulings in the FRAZIER vs Boise parking garage case, the Ten Commandments Coalition vs Boise, and now Davidson vs Sun Valley, local governments should be getting the message: The absolute power of the CITIZENS must be considered carefully and not dismissed because the politicos don’t like whatever issue the people are seeking to get on the ballot.
LET MY PEOPLE VOTE!
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